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When Dementia Affects Estate Planning

Dementia | Elder Law Attorneys | Scottsdale, AZDementia is a devastating disease, not only for the person affected but also for his or her family. And unfortunately, the consequences of the person’s dementia can continue after his or her passing. How?

A person’s dementia can call into question his or her ability to make a will and divide property, which can lead to a will contest.  [Read more...]

Someone Causes an Accident While Reading Your Text? You Could Be Liable

Distracted driving | Personal Injury Attorneys | Scottsdale, AZWe’ve all seen it: the car weaving in and out of its lane, speeding up or slowing down without warning or reason. More often than not, the driver is texting or talking on the phone, too busy to pay attention to the road.

This is called distracted driving, and it is a deadly problem. Driving while talking on the phone, texting, surfing the web, or doing any other activity that takes your attention away from the road significantly increases your risk of a crash. In fact, thousands of people are injured or killed each year in accidents caused by distracted driving. [Read more...]

Vacant Land Loan Not Protected by Anti-Deficiency Statute

As the metropolitan Phoenix, Arizona real estate market continues to recover, we hear less and less about foreclosures, short sales and Arizona’s anti-deficiency statutes.  But there are still many foreclosure cases still winding their way through the Court system.  We expect that the Arizona Court of Appeals and perhaps the Arizona Supreme Court will continue to issue decisions clarifying the anti-deficiency statutes.  One such case, BMO Harris v. Wildwood, was just decided on January 16, 2014.  The case is significant because it clarifies what type of property qualifies for protection under the anti-deficiency statute for trustee’s sales (non-judicial foreclosures). [Read more...]

The Dirty, Defamation, and Online Publishers

Defamation | Berk & Moskowitz, P.C.Under the cover of anonymity, many people say a lot of nasty things online. Look in any comment section—whether it’s on YouTube or the New York Times—and you’re bound to find a comment that elicits shock or disgust.

Much as we might dislike some of these comments (and the people who make them), they are typically protected under the First Amendment. [Read more...]

Native Trails Comes to Scottsdale

Arizona | Berk & Moskowitz, P.C.Beginning this month, you can experience a cultural journey through exhibitions of traditional Native American music, dance, and art.

Native Trails, an event that has been delighting Scottsdale residents and visitors for more than a decade, returns this year with a number of great programs.  [Read more...]

Cyber-Defamation and Your Business’s Response

Cyber Defamation | Business Dispute Attorney | Berk & Moskowitz, P.C.At some point, all businesses will receive criticism, either from a competitor or an unhappy customer. This has been true for as long as businesses have existed.

What is now different, however, is the way in which your business can be criticized. With the advent of the Internet and the proliferation of online reviews, you must now deal with negative remarks on two fronts: offline and online. [Read more...]

Can You Avoid Dementia?

Older Americans | Elder Law Attorneys | Scottsdale, AZ | Berk & Moskowitz, P.C.As the U.S. population ages, it is only likely that the number of people with dementia will increase. You may be worried that you—or your parents—will develop dementia. If this happens, how will you take care of yourself? Do you have a plan in place to take care of your finances, health care, and day-to-day living? An estate plan can help you to outline these things and make sure that you are protected later in life. [Read more...]

Is Your Non-Compete Enforceable?

Employees | Business Law Attorney | Scottsdale, AZ | Berk & Moskowitz, P.C.Employers invest time and money into their employees. To protect this investment, they often ask employees to sign non-compete and confidentiality agreements. However, an employer cannot legally enforce an agreement that unreasonably restricts their ability to make a living in his or her chosen field.

When drafting an employment agreement, it is important that it be legally enforceable. [Read more...]

43rd Annual Fiesta Bowl Coming Soon

Arizona Football | Berk & Moskowitz, P.C.Football fans, get ready: the Fiesta Bowl is coming soon!

Since 1971, the Fiesta Bowl has hosted seven national championships and entertained thousands of fans. Each year, the game brings in thousands to the Scottsdale area and more than $300 million in economic impact. [Read more...]

Dementia: What It Is and How You Can Reduce Your Risk

The elderly & dementia | Berk & Moskowitz, P.C.What is dementia?

Dementia refers to a group of cognitive disorders characterized by impairment of a person’s memory, language skills, motor activity, and executive function.

The most common form of dementia, and the most widely recognized, is Alzheimer’s disease. Alzheimer’s disease is a progressive disease that begins with some memory loss. [Read more...]